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RAVINDRA MAITHANI
Anil Kumar Arya – Appellant
Versus
Hemlata – Respondent
JUDGMENT
Ravindra Maithani, J.
The challenge in this revision is made to the judgment and order dated 10.11.2022, passed in Miscellaneous Criminal Case No.26 of 2021, Smt. Hemlata and another vs. Anil Kumar Arya, by the court of Judge, Family Court, Tehri Garhwal, New Tehri, District Tehri Garhwal (for short, “the case”). By which, the revisionist has been directed to pay Rs.22,000/- (Rs.13,000/- to the respondent no.1, his wife and Rs.9,000/- to the respondent no.2, his son) per month as maintenance in the proceedings under Section 125 of the Code of Criminal Procedure, 1973 (for short, “the Code”).
2. Heard learned counsel for the parties and perused the record.
3. Facts necessary to appreciate the controversy briefly stated are as follows. The respondent no.1 filed an application under Section 125 of the Code, seeking maintenance from the revisionist, which is the basis of the case. It has been the case of the respondent no.1 that she and the revisionist were married on 17.04.2017. But, after marriage, her in-laws were not happy with her and, therefore, she was harassed and tortured. She was blessed with a child, but the things did not change and finally, in order to save her life,
The main legal point established in the judgment is the consideration of adjustment or set-off of maintenance amount awarded in previous proceedings under different statutes, as highlighted in the ca....
The court's decision emphasizes the importance of evaluating evidence in maintenance cases and considering the financial resources of the parties when determining the maintenance amount.
The main legal point established in the judgment is the consideration of financial resources, liabilities, and social status in determining maintenance under Section 125 of the Code.
Entitlement to maintenance under Section 125 of the Code of Criminal Procedure despite existing maintenance from another proceeding.
The court established that maintenance must reflect the financial capacity of the husband and the needs of the wife and child, ensuring their right to a standard of living commensurate with his statu....
The court affirmed that ex-parte proceedings are valid when a party fails to appear, and maintenance can be estimated based on available evidence and circumstances.
The husband is bound to maintain his wife, and the court can determine the maintenance amount based on the husband's earning capacity.
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